IF YOU HAVE NOT READ AND ACKNOWLEDGED THE TERMS REQUIRED TO ACCESS THIS INFORMATION, STOP NOW. IMMEDIATELY REVIEW THE TERMS OF ACCESS FOR THE INFORMATION BELOW BY CLICKING HERE BEFORE PROCEEDING BELOW. SHOULD YOU FAIL TO CAREFULLY REVIEW THE TERMS, YOU DO SO WILLINGLY AND AT YOUR OWN RISK. YOU ASSUME ALL RISK AND LIABILITY FOR YOUR FAILURE TO READ THE TERMS AND FOR FAILING TO CLICK THE AGREE LINK. IF YOU FAIL TO CAREFULLY READ THE TERMS, YOU STILL EXPRESSLY AGREE TO BE BOUND BY THE TERMS IN THE LINK PROVIDED ABOVE IF YOU ACCESS THIS INFORMATION. YOU ARE ENCOURAGED TO CONSULT WITH A PROBATE ATTORNEY LICENSED IN CLARK COUNTY, NV FOR LEGAL ADVICE BEFORE ACCEPTING THE TERMS FOR USE OF THE BELOW INFORMATION. BY REVIEWING THE BELOW, YOU AGREE THAT THE CLARK COUNTY PUBLIC ADMINISTRATOR IS NOT LIABLE FOR YOUR RELIANCE ON ANY OF THE INFORMATION BELOW SHOULD THE INFORMATION BE INCORRECT OR OUTDATED. DO NOT CONTACT THE PUBLIC ADMNISTRATOR REGARDING THE INFORMATION PROVIDED BELOW. THE PUBLIC ADMINISTRATOR WILL NOT PROVIDE ANY INFORMATION NOT ALREADY PROVIDED HERE, WHETHER BY PHONE, EMAIL OR ANY OTHER CONTACT MEANS. THIS INFORMATION IS PROVIDED WITHOUT GUARANTEES AS TO ACCURACY.
The Probate Court of the Eighth Judicial District Court, Clark County, Nevada holds hearings for probate sales on Fridays at 9:30am, except court holidays. The names of cases for which real estate is set to be held on a particular week can be found here
. Please note, your research regarding these real properties should begin well in advance of the time set for the hearing. You should not attempt to bid on properties based on the list above. This will likely not give you sufficient time to do your due diligence on the real properties. By the time this weekly list is published on the Probate Court website (typically the Friday afternoon before), you will have only a very short window to complete your due diligence if you have not already done so. Pursuant to the Administrative Order 20-07, of the Eighth Judicial District Court, the Notice of Intent to Overbid must be filed in the case prior to 72 hours before the scheduled hearing. Given this, all Notices of Intent to Overbid must be electronically filed and served by 9:30am on the Tuesday of that week. Again, seeking to purchase real properties solely on this list is highly discouraged
as the time between the publication of sales for the week and the time to file a Notice of Intent to Overbid is very limited. You alone assume the risk of winning a bid on a property for which you later find needed repairs you did not consider when placing the winning bid.
To begin your search for properties that will be listed for bidding, you should review the legal notices that have been published in the Nevada Legal News and the Las Vegas Review Journal. To review the legal notices published by Nevada Legal News, you will need to purchase a subscription or purchase single issues of the Nevada Legal News. You may find information on this on the Nevada Legal News website linked here
. Legal notices posted by the Las Vegas Review Journal can be found here
. Please note, this is the first step in a process that may take months. This also requires diligence in checking the court records for a particular case as the publication of the notice of a sale does not mean that a purchase agreement has been made or a petition to confirm a sale has been made as of the time of the publication. You should note the case names, case numbers and property addresses listed in the notices. With this information, you can begin to investigate the details of the real property for which you may make bids.
After reviewing notices and compiling the list of properties for which you may potentially bid, it is recommended that you contact and potentially contract with a real estate professional experienced in probate sales. A real estate professional can search the system accessible to real estate agents to obtain more information on the properties. At this time, you may even be able to enter into a purchase contract with the estate to purchase the real property. Please note, that if you do enter into a contract to purchase the real property of the estate, the sale will still yet be subject to court confirmation and bidding.
Should you find that the real property has not been listed, your real estate professional may monitor the real property for listing. Also, you may contact the attorney for the estate for information on the real estate professional who is listing the property. If possible, you will want to request interior photos of the property to better investigate the condition of the real property, or a walk of the real property. (Please note, the Public Administrator does not allow walks of real properties under our administrations after a contract has been signed. The Public Administrator provides numerous after-renovation photos in listings.) There are numerous factors to consider when deciding to purchase of real property. These real properties are often in various states of disrepair. Sometimes, there are hidden conditions for which the personal representative of the estate has no knowledge. The buyer assumes all risk when purchasing real properties of estates. Therefore, it is incumbent upon you to understand the financial risks of purchasing such properties.
It is your responsibility to complete the necessary research for the properties for which you may provide bids. You should consult with experienced probate attorneys and real estate professionals well in advance of your intent to bid on any real property. You alone are responsible for determining how and when to consult with these professionals. You are providing bids at your own risk.
Should the real property be listed as under contract, you will want to review the details of the sale at the Eighth Judicial District Court Portal. To review the details of a particular sale, review the filed petition to confirm the sale of the real property filed in the case at the Eighth Judicial District Court Portal
. It is your responsibility to locate the correct case and pleadings from the site. It is your responsibility to purchase the pleadings from the site. It is your responsibility to follow the process for purchasing the pleadings. The Public Administrator does not provide these pleadings under any circumstances.
It is your responsibility to carefully read the petition and the notice of hearing filed by the attorney in the case to confirm that you can strictly adhere to the terms of the petition and the real property purchase contract attached to the petition. Real properties set for sale are in various conditions at the time of sale. You agree to accept the property as-is when you place the winning bid on that real property. The contingency periods have lapsed by the time the real property is placed for sale. The contingency periods are not renewed for bid winners.
You must be prepared to purchase the real property in its current condition at the time of bidding. Ignorance of the terms of the petition and the attached real property purchase contract is not an acceptable excuse for failing to adhere to all the terms.
You are bound to the terms of the petition and the real property purchase contract if you provide the winning bid. Consultation with an experienced, licensed Clark County probate attorney and a real estate professional experienced in probate matters is highly recommended. The failure to fully understand your rights and obligations, including the deadline to complete the close of escrow, as a winning bidder may result in sanctions.
After purchasing and reviewing the pleadings, you must note the date of the hearing and ensure that you have appropriately calendared your deadlines. If you are certain that you want to bid on a particular property, you will need to ensure that you have filed a Notice of Intent to Overbid. A fillable Notice of Intent to Overbid is provided here
. (The Public Administrator makes no warranties as to the fitness of the Notice of Intent to Overbid form. Utilize this form at your own risk.) It is your responsibility to ensure that EVERY FIELD
is completed with the correct information and to sign the notice before filing and serving the notice. It is your responsibility to correctly download, complete the document and scan it for filing and service. You must utilize the filing and service system to file and serve your notice in the timeframe required by the Probate Court. Instructions on how to utilize the filing and service system can be found here
. The Public Administrator does not provide technical support. It is your responsibility alone to electronically file and serve the notice in the correct case before the court's strict deadline to participate in bidding.
The week of the sale, you may review the filings in the case to ensure that the hearing is still yet set for the day anticipated. To review the cases for which hearings will be held for the sale of real property on that week you wish to bid, review the list of case names published by the Probate Court here
. The Public Administrator makes no warranties as to the accuracy of this information. It is your responsibility to ensure that you are bidding on the correct real property in the correct case. Again, the deadline to file and serve a Notice of Intent to Overbid on real property scheduled for Friday at 9:30am is by 9:30am on the Tuesday of that week. No late filings will be honored
If you provide the winning bid on real property of an estate, you are required to consummate the sale. WARNING
: The failure to consummate the sale will likely result in sanctions, including the requirement to pay the difference between your winning bid and a later lower purchase price if the estate is forced to place the real property for sale again due to your failure to consummate the sale. You are advised that you should consult with an attorney if you believe that you were mislead as to the condition of the property after providing a winning bid on a property. Under no circumstances should you fail to consummate the sale for which you have placed a winning bid.
No frivolous notices or bids should ever be made for the sales of real property in estate matters in the Probate Court. The process is a serious and solemn process. The failure to respect the process may result in sanctions by the Probate Court. You should only participate in bidding if you have consulted with the appropriate professionals and you have conducted the necessary due diligence for a real property for which you wish to make a bid.
If you have appropriately filed and served a Notice of Intent to Overbid, the Probate Court will send you a link to electronically participate in the bidding process. There are no guarantees as to what day and time you will be sent the link. However, the link is typically sent to participants on the Thursday afternoon before hearings occur. It is your responsibility to check your email to ensure that you have received the link. If you have not received the link by 4:15pm that Thursday, you should contact the office of the Probate Commissioner by no later than 4:45pm on that Thursday to request the link for the next day's hearings. You alone are responsible for ensuring that you have the information necessary to appear in sales proceedings.
Upon receipt of the email with the link to appear in court, carefully review the contents of the email. Observe the page number(s) for which you intend to make a bid. Also, ensure that you have downloaded and set up the appropriate program/application to participate in the hearings. Do not wait until the time for hearings to confirm the technical capabilities of your means for appearance.
On the day and time of the hearing, it is your responsibility to ensure that the means you are using to appear are in working order. It is your responsibility to ensure your computer, phone or other appearance means are fully tested and capable. It is your responsibility to ensure you have no technical difficulties, such as a weak data connection or phone connection.
At the time hearings commence, it is your responsibility to listen carefully for the matter for which you intend to make your bid. If the matter is called and the bidding has been completed without your appearance, you have forfeited your ability to make any bids against the real property. Do not ask the Probate Commissioner or Probate Judge to rehear the matter. Also note, that you must mute your device upon entry. Only unmute your device when your are participating in bidding. Background noise coming from participants causes distractions that delay proceedings. Often, parties who fail to mute devices are admonished.
It is your responsibility to understand the proceedings and how to conduct yourself. It is recommended that you appear by no later 9:30am to observe other participants in bidding before you appear in the matter for which you intend to make a bid. If the real property for which you intend to bid is the first on the calendar for that day, you must do your best to conform to the process.
Should you provide the winning bid on real property in a proceeding, it is your responsibility to contact the attorney for the estate to provide the relevant information to consummate the sale. The attorney may observe your information from the Notice of Intent to Overbid. However, do not rely on this. Be sure to contact the attorney to confirm your information and for the current contact information for the title company. The title company may not begin the process with you until the order confirming the sale to you has been filed. If you provided the winning bid on real property, the attorney must send an updated order substituting your name as buyer to the court for signing and filing. This may take several days after the hearing. However, you are expected to do your part to ensure that the closing is performed in the most timely manner.
Do not file and serve a Notice of Intent to Overbid on real property in a matter unless you are prepared to make a bid. Filing and serving notices where you do not have a good faith intent to bid on the real property may result in you being barred from participating in future proceedings.
The process for bidding on real estate in probate matters is a complicated process that requires a thorough understanding of the rights and obligations of winning bidders. Only experienced and fully informed parties, or parties represented by experienced professionals, should engage in the bidding process. You place bids on real property in estate matters at your own risk.